SCHEDULES
F16SCHEDULE 1THE LAGANSIDE CORPORATION
Status
1
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution of Corporation
2
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment and tenure of office of members
3
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration, etc. of members
6
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disqualification of members of the Corporation for Northern Ireland Assembly
7
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
8
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The seal
11
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Execution of contracts and instruments not under seal
12
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committees
13
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Para. 14 rep. by 1996 NI 7
Staff
15
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts and audit
16
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annual report
19
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information
20
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2ANCILLARY PROVISIONS RELATING TO WORKS UNDER ARTICLES 17 AND 18
Approval of Department and of Department of Agriculture
C11
1
2
An approval under sub‐paragraph (1) may be given subject to such terms and conditions as F19. . . the Department of Agriculture thinks fit.
Consultation with the Belfast Harbour Commissioners
2
1
It shall be the duty of the F20Department before—
a
executing any works under Article 17 or 18 within the harbour limits; or
b
exercising any power conferred by Article 17 or this Schedule within the harbour limits,
to consult with the Belfast Harbour Commissioners and to take into account any representations made to the F20Department by the Commissioners so as to ensure that the execution of those works or the exercise of those powers causes the minimum interference to the property of the Commissioners or to the exercise by the Commissioners of their functions.
2
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this paragraph and paragraph 4(1) “the harbour limits” means the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967.
Tidal works
3
1
The F22Department shall not construct, alter or extend any tidal work under Article 17 or 18 except with the consent of the Secretary of State concerned with navigation and subject to any conditions imposed by the Secretary of State before the works are begun.
2
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dredging
4
1
Without prejudice to paragraph 3, the F25Department shall not dredge the river within the harbour limits without the consent of the Belfast Harbour Commissioners.
2
Any materials taken up or collected in the course of dredging the river shall be the property of the F26Department and may be used, sold, removed, deposited or otherwise disposed of as the F26Department may think fit; but the F26Department shall not deposit any such materials below the level of mean high water springs except in such position as the Secretary of State concerned with navigation may approve and subject to such conditions and restrictions as he may impose.
Temporary interference with river
5
The F27Department may, for the purpose of or in connection with the execution of any works under Article 17 or 18,—
a
temporarily alter or interfere with the river and construct or place in the river all such temporary works as it may deem necessary or expedient;
b
temporarily occupy and use the river;
c
temporarily restrict, terminate or otherwise interfere with easements, fishing rights, water rights, navigation rights or other similar rights.
Extinguishment of certain public rights
6
1
If the Department considers it necessary or desirable to do so in connection with any works executed under Article 17 or 18, the Department may F28. . . make an order extinguishing—
a
any public rights over or in relation to such part of the foreshore within the designated area as is specified in the order;
b
any public rights of navigation over such part of the river as is specified in the order.
2
F29Article 133(1) and (4) of, and Schedule 8 to, the Roads (Northern Ireland) Order 1993 shall apply to an order under sub‐paragraph (1) as they apply to an order under Article 6 of that Order.
F31SCHEDULE 3Modifications of Schedule 6 to The Local Government Act (Northern Ireland) 1972 for the purposes of Article 20(3)
Sch. 3 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(10)
1
For any reference to the Department or to the council substitute a reference to the Department within the meaning of this Order.
2
For any references to that Act substitute a reference to this Order.
3
Omit paragraph 1.
4
In paragraph 2—
a
for the words “Notice of the application” substitute the words Notice of the Department's intention to acquire the land compulsorily;
b
omit the words “in such form and manner as the Ministry directs”;
c
in sub-paragraph (c) for the words “as may be prescribed” substitute the words as the Department considers fit.
5
In paragraph 3(1)(b) for the words in brackets substitute the words by the planning appeals commission or by any other person (if the Department considers it necessary to do so).
6
In paragraph 4 omit the words from “and may provide” onwards.
7
In paragraph 5—
a
in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;
b
in sub-paragraph (1)(d) omit the words “in the prescribed form”;
c
in sub-paragraph (2) for the words “as may be prescribed” substitute the words as the Department considers fit.
8
In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute the words Consolidated Fund and for the words “out of the compensation fund” substitute the words made by the Department.
9
In paragraph 11(3) omit the words “in the prescribed form”.
10
In paragraph 12—
a
in sub-paragraph (1) omit the words “such” and “as may be prescribed”;
b
in sub-paragraph (2) for the words from “clerk” to “directs” substitute the words Department as correct, and publish.
11
In paragraph 14(1) omit the words “in the prescribed form”.
12
In paragraph 15(1) for the words “in the prescribed form” substitute the words in such form as may be approved by the Department.
13
Omit paragraph 19.
14
Omit paragraph 20(2).
F30F30SCHEDULE 4
Sch. 4 repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(11)
1
1
This paragraph applies to any land which under Article 24(1) ceases to be within the limits of the jurisdiction of the Belfast Harbour Commissioners.
2
The estate of the Belfast Harbour Commissioners in any land to which this paragraph applies shall on the transfer date be transferred to the Corporation; and accordingly as from that date, by virtue of this Order and without any further conveyance, transfer or assignment, that estate shall vest in the Corporation.
3
The Department shall, on the application of the Belfast Harbour Commissioners, pay compensation in respect of the estate transferred by virtue of this paragraph, of such amount as may be agreed by the Department and the Commissioners or, in default of such agreement, may be determined by the Lands Tribunal.
2
The lock and weir across the River Lagan constructed under Part II of the Belfast Corporation Act (Northern Ireland) 1924F34 and referred to in that Part as “Work No. 2” shall on and from the transfer date, by virtue of this Order and without any further conveyance, transfer or assignment, vest in and be the property of the Corporation.
3
In paragraphs 1 and 2 “the transfer date” means the date on which the first members of the Corporation are appointed under paragraph 2 of Schedule 1.
4
The Department may by order make such transitional, consequential or supplementary provisions as appear to the Department to be necessary or expedient in connection with the vesting of any estate or property in the Corporation under this Schedule.
Sch. 1 repealed by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(3)(c)(iii)(4), 5(2), Sch. 2 Pt. 2 para. 1(9) and the repeal having been brought into force on different dates, as to which see individual paragraphs